Title 32B Chapter 2 Section 402

Alcoholic Beverage Control Act
Alcoholic Beverage Control Administration Act
Section 402
Definitions -- Calculations.

            

32B-2-402.   Definitions -- Calculations.

            (1) As used in this part:

            (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account created in Section 32B-2-403.

            (b) "Advisory council" means the Utah Substance Abuse Advisory Council created in Section 63M-7-301.

            (c) "Alcohol-related offense" means:

            (i) a violation of:

            (A) Section 41-6a-502; or

            (B) an ordinance that complies with the requirements of:

            (I) Subsection 41-6a-510(1); or

            (II) Section 76-5-207; or

            (ii) an offense involving the illegal:

            (A) sale of an alcoholic product;

            (B) consumption of an alcoholic product;

            (C) distribution of an alcoholic product;

            (D) transportation of an alcoholic product; or

            (E) possession of an alcoholic product.

            (d) "Annual conviction time period" means the time period that:

            (i) begins on July 1 and ends on June 30; and

            (ii) immediately precedes the fiscal year for which an appropriation under this part is made.

            (e) "Municipality" means:

            (i) a city; or

            (ii) a town.

            (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within the Department of Human Services.

            (ii) In defining the term "prevention," the Division of Substance Abuse and Mental Health shall:

            (A) include only evidence-based or evidence-informed programs; and

            (B) provide for coordination with local substance abuse authorities designated to provide substance abuse services in accordance with Section 17-43-201.

            (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located within the limits of a municipality or county:

            (a) is the number determined by the department to be so located;

            (b) includes the aggregate number of premises of the following:

            (i) a state store;

            (ii) a package agency; and

            (iii) a retail licensee; and

            (c) for a county, consists only of the number located within an unincorporated area of the county.

            (3) The department shall determine:

            (a) a population figure according to the most current population estimate prepared by the Utah Population Estimates Committee;

            (b) a county's population for the 25% distribution to municipalities and counties under Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated areas of the county; and

            (c) a county's population for the 25% distribution to counties under Subsection 32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of a municipality.

            (4) (a) A conviction occurs in the municipality or county that actually prosecutes the offense to judgment.

            (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in the municipality or county that, except for the guilty plea, would have prosecuted the offense.


Amended by Chapter 119, 2014 General Session